REQUEST FOR PROPOSALS

Financial Advisor for the Bond Program

RFP-14-405www.energy.ca.gov/contracts/

State of California California Energy Commission

June 2015

Table of ContentsI. INTRODUCTION..................................................................................................4

PURPOSE OF RFP......................................................................................................4KEY ACTIVITIES AND DATES........................................................................................4AVAILABLE FUNDING AND HOW AWARD IS DETERMINED...............................................4ELIGIBLE BIDDERS......................................................................................................5QUESTIONS................................................................................................................5CONTACT INFORMATION..............................................................................................5RESPONSES TO THIS RFP..........................................................................................5REFERENCE DOCUMENTS...........................................................................................6

II. SCOPE OF WORK AND DELIVERABLES.........................................................7ABOUT THIS SECTION.................................................................................................7BACKGROUND............................................................................................................7GENERAL REQUIREMENTS..........................................................................................7

III. PROPOSAL FORMAT, REQUIRED DOCUMENTS, AND DELIVERY..............13ABOUT THIS SECTION...............................................................................................13REQUIRED FORMAT FOR A PROPOSAL.......................................................................13NUMBER OF COPIES.................................................................................................13PACKAGING AND LABELING.......................................................................................13PREFERRED METHOD FOR DELIVERY........................................................................14ORGANIZE YOUR PROPOSAL AS FOLLOWS................................................................14

IV. EVALUATION PROCESS AND CRITERIA.......................................................17ABOUT THIS SECTION...............................................................................................17PROPOSAL EVALUATION...........................................................................................17SCORING SCALE.......................................................................................................18NOTICE OF PROPOSED AWARD.................................................................................18

V. BUSINESS PARTICIPATION PROGRAMS (PREFERENCES/INCENTIVES)..23DISABLED VETERAN BUSINESS ENTERPRISE (DVBE).................................................23COMPLIANCE REQUIREMENTS...................................................................................23DVBE INCENTIVE.....................................................................................................26SMALL BUSINESS / MICROBUSINESS / NON-SMALL BUSINESS.....................................26TARGET AREA CONTRACT PREFERENCE ACT (TACPA).............................................27

VI. ADMINISTRATION.............................................................................................28RFP DEFINED..........................................................................................................28COST OF DEVELOPING PROPOSAL............................................................................28PRINTING SERVICES.................................................................................................28CONFIDENTIAL INFORMATION.....................................................................................28DARFUR CONTRACTING ACT OF 2008.......................................................................28RFP CANCELLATION AND AMENDMENTS....................................................................29ERRORS...................................................................................................................29MODIFYING OR WITHDRAWAL OF PROPOSAL..............................................................29IMMATERIAL DEFECT.................................................................................................29DISPOSITION OF BIDDER’S DOCUMENTS....................................................................29BIDDERS’ ADMONISHMENT........................................................................................29GROUNDS TO REJECT A PROPOSAL..........................................................................30PROTEST PROCEDURES............................................................................................30Agreement Requirements.......................................................................................31

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Attachments

1 Contractor Status Form2 Darfur Contracting Act3 DVBE Std. 8434 Bidder Declaration form GSPD-05-1055 Contractor Certification Clauses6 Client References7 Budget Forms8 Sample Standard Agreement

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I. Introduction

PURPOSE OF RFPThe purpose of this Request for Proposals (RFP) is to select an expert Financial Advisor to provide investment monitoring and programmatic advice, to counsel Energy Commission staff in their administrative interactions with various bond program contractors (audit, rebate, bond counsel), and other outside participants in the revenue bond program (trustee, issuer, investment contacts). This solicitation will also provide assistance in making public comments and presentations, providing training concerning financial matters affecting Energy Commission program activity and providing advice and recommendations to Energy Commission staff in managing the complexities of the tax exempt revenue bond program.

KEY ACTIVITIES AND DATESKey activities including dates and times for this RFP are presented below. An addendum will be released if the dates change for the asterisked (*) activities.

ACTIVITY ACTION DATERFP Release June 3, 2015Deadline for Written Questions by 5:00 p.m.* June 10, 2015Distribute Questions/Answers and Addenda (if any) to RFP June 17, 2015Deadline to Submit Proposals by 3:00 p.m.* June 29, 2015Anticipated Notice of Proposed Award July 2015Anticipated Contract Start Date August 2015Contract Termination Date August 2018

AVAILABLE FUNDING AND HOW AWARD IS DETERMINEDThere is $125,000 available for the contract resulting from this RFP. This is an hourly rate plus cost reimbursement contract and the award will be made to the responsible Bidder receiving the highest points.

The Energy Commission reserves the right to reduce the contract amount to an amount deemed appropriate in the event the budgeted funds do not provide full funding of Energy Commission contracts. In this event, the Contractor and Commission Agreement Manager (CAM) shall meet and reach agreement on a reduced scope of work commensurate with the level of available funding.

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ELIGIBLE BIDDERSThis is an open solicitation for public and private entities. Each agreement resulting from this solicitation includes terms and conditions that set forth the contractor’s rights and responsibilities. Private sector entities must agree to use the attached standard terms and conditions (Attachment 6). The University of California or U.S. Department of Energy National Laboratories must use either the standard or the pre-negotiated terms and conditions at the following website: (http://www.energy.ca.gov/contracts/pier.html#piergeneralinfo). The Energy Commission will not award agreements to non-complying entities. The Energy Commission reserves the right to modify the terms and conditions prior to executing agreements. 

All corporations, limited liability companies (LLCs) and limited partnerships (LPs) are required to register and be in good standing with the California Secretary of State to enter into an agreement with the Energy Commission. If not currently registered with the California Secretary of State, Bidders are encouraged to contact the Secretary of State’s Office as soon as possible to avoid potential delays in beginning the proposed project(s) (should the application be successful). For more information, contact the Secretary of State’s Office via its website at www.sos.ca.gov.

QUESTIONSDuring the RFP process, questions of clarification about this RFP must be directed to the Contracts Officer listed in the following section. You may submit written questions via mail, electronic mail, and by FAX. However, all questions must be received by 5:00 pm on the deadline to submit questions.

The questions and answers will be posted on the Commission’s website at: http://www.energy.ca.gov/contracts/index.html.

Any verbal communication with a Commission employee concerning this RFP is not binding on the State and shall in no way alter a specification, term, or condition of the RFP. Therefore, all communication should be directed in writing to the Energy Commission’s Contract Officer assigned to the RFP.

CONTACT INFORMATIONMichael Poe, Contracts OfficerCalifornia Energy Commission1516 Ninth Street, MS-18Sacramento, California 95814Telephone: (916) 654-4809FAX: (916) 654-4423E-mail: Michael.Poe@energy.ca.gov

RESPONSES TO THIS RFPResponses to this solicitation shall be in the form of an Administrative, Technical and Cost Proposal according to the format described in this RFP. The Administrative response shall include all required administrative documents. The Technical Proposal shall document the Bidder’s approach, experience, qualifications, and project organization to perform the tasks described in the Scope of Work, and the Cost Proposal shall detail the Bidder’s budget to perform such tasks.

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REFERENCE DOCUMENTS Bidders responding to this RFP may want to familiarize themselves with the following documents for both bond issues 2003A and 2005A. Although the 2003A bonds have been paid off, the documents for the 2003A bonds are included online for reference.

Master Trust Agreement Bond Indentures Secured Loan Agreements Official Statements Most recent Bond Audits Tax Agreements

All above reference documents are available online at: http://www.energy.ca.gov/efficiency/revenuebonds/

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II. Scope of Work and Deliverables

ABOUT THIS SECTIONThis section describes the contract scope of work, deliverables and due dates under the direction of the CAM.

The purpose of this contract is for an expert Financial Advisor to provide investment monitoring and programmatic advice, to counsel Energy Commission staff in their administrative interactions with various bond program contractors (audit, rebate, bond counsel), and other outside participants in the revenue bond program (trustee, issuer, investment contacts).

BACKGROUNDThe Energy Efficiency Master Trust Revenue Bond Series include issues 2003A (dated April 27, 2003 for $28,005,000) and 2005A (dated May 11, 2005 for $36,955,000). The 2003A bonds were paid off in March 2014. Repayments from pledged loans from the Energy Conservation Assistance Program (ECA) and Local Jurisdiction Account (LJA) support each series. Loan payments used in support of the bonds are made semi-annually in June and December of each year to the Energy Commission and include unscheduled loan payments. Several bond sub-account funds are invested through Guaranteed Investment Contracts (GICs) and a Repurchase Agreement at specified interest rates through Wells Fargo Bank and the Royal Bank of Canada. The bond issues are audited annually. Continuing disclosure reports are filed annually, and rebate arbitrage calculations are prepared annually and filed on a five year computation date.

GENERAL REQUIREMENTS

TASK LIST

Task # Task Name 1 Agreement Management2 Cash Flow Certification Preparation3 Rebate Arbitrage Assistance4 Annual Continuing Disclosure Report Analysis5 Bond Administration and Management6 Accounting Compliance and Coordination7 Bond Closeout

ACRONYMS/GLOSSARYSpecific acronyms and terms used throughout this scope of work are defined as follows:

Acronym DefinitionCAM Commission Agreement ManagerDGS Department of General ServicesDVBE Disabled Veteran Business EnterpriseEnergy Commission California Energy CommissionProposal Formal written response to this document from BidderRFP Request for Proposal, this entire documentState State of California

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FORMAT/REPORTING REQUIREMENTS

Deliverables/ReportsWhen creating reports, the Contractor shall use and follow, unless otherwise instructed in writing by the Commission Contract Manager (CAM), the latest version of the Consultant Reports Style Manual published on the Energy Commission's web site:

http://www.energy.ca.gov/contracts/consultant_reports/index.html

Each final deliverable shall be delivered as one original, reproducible, 8 ½” by 11”, camera-ready master in black ink. Illustrations and graphs shall be sized to fit an 8 ½” by 11” page and readable if printed in black and white.

Electronic File Format The Contractor shall deliver an electronic copy (CD ROM or memory stick or as otherwise specified by the CAM) of the full text in a compatible version of Microsoft Word (.doc).

The following describes the accepted formats of electronic data and documents provided to the Energy Commission as contract deliverables and establishes the computer platforms, operating systems and software versions that will be required to review and approve all software deliverables.

Data sets shall be in Microsoft (MS) Access or MS Excel file format. PC-based text documents shall be in MS Word file format. Documents intended for public distribution shall be in PDF file format, with the native file

format provided as well. Project management documents shall be in MS Project file format.

Software Application DevelopmentIf this scope of work includes any software application development, including but not limited to databases, websites, models, or modeling tools, contractor shall utilize the following standard Application Architecture components in compatible versions:

Microsoft ASP.NET framework (version 3.5 and up) Recommend 4.0 Microsoft Internet Information Services (IIS), (version 6 and up) Recommend 7.5 Visual Studio.NET (version 2008 and up) Recommend 2010 C# Programming Language with Presentation (UI), Business Object and Data Layers SQL (Structured Query Language) Microsoft SQL Server 2008, Stored Procedures Recommend 2008 R2 Microsoft SQL Reporting Services Recommend 2008 R2 XML (external interfaces)

Any exceptions to the Software Application Development requirements above must be approved in writing by the Energy Commission Information Technology Services Branch.

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TASK 1- AGREEMENT MANAGEMENT

TASK 1.1 - KICKOFF MEETING

The goal of this task is to establish lines of communication and procedures for implementing this Agreement.

The Contractor shall: Attend a “kick-off” meeting with the CAM, the Contracts Agreement Officer, and a

representative of the Accounting Office. The meeting will be held in Sacramento, CA and the CAM will designate the specific location. The Contractor shall include its Project Manager, Contracts Administrator, Accounting Officer, and others designated by the CAM in this meeting. The administrative and technical aspects of this Agreement will be discussed at the meeting.

If necessary, prepare an updated Schedule of Deliverables based on the decisions made in the kick-off meeting.

The CAM shall: Arrange the meeting including scheduling the date and time. Provide an agenda to all potential meeting participants prior to the kick-off meeting.

Deliverables: An Updated Schedule of Deliverables (if applicable)

TASK 1.2 - INVOICES

The goal of this task is to ensure timely accounting of contract expenses.

The Contractor shall: Prepare invoices for all reimbursable expenses incurred performing work under this

Agreement in compliance with the Exhibit B of the Terms and Conditions of the Agreement. Invoices shall be submitted with the same frequency as progress reports (task 1.4). Invoices must be submitted to the Energy Commission’s Accounting Office.

Task 1.3 Manage SubcontractorsThe goal of this task is to ensure quality products, to enforce subcontractor Agreement provisions, and in the event of failure of the subcontractor to satisfactorily perform services, recommend solution to resolve the problem.

The Contractor shall: Manage and coordinate subcontractor activities. The Contractor is responsible for the quality

of all subcontractor work and the Energy Commission will assign all work to the Contractor. If the Contractor decides to add new subcontractors, they shall 1) comply with the Terms and Conditions of the Agreement, and 2) notify the CAM who will follow the Energy Commission’s process for adding or replacing subcontractors.

Task 1.4 Progress ReportsThe goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement.

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The Contractor shall: Prepare progress reports which summarize all Agreement activities conducted by the

Contractor for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. Each progress report is due within 15 calendar days after the end of the reporting period. The CAM will provide the format for the progress reports.

Deliverables: Quarterly Progress Reports

TASK 1.5 - FINAL REPORT

The goal of this task is to prepare a comprehensive written Final Report that describes the original purpose, approach, results and conclusions of the work completed under this Agreement. The Final Report shall be prepared in language easily understood by the public or layperson with a limited technical background.

The Final Report must be completed before the termination date of the Agreement in accordance with the Schedule of Deliverables.

The Final Report shall be a public document. If the Contractor has obtained confidential status from the Energy Commission and will be preparing both a public and a confidential version of the Final Report, the Contractor shall perform the following subtasks for both the public and confidential versions of the Final Report.

Task 1.5.1 Final Report

The Contractor shall: Prepare the draft Final Report for this Agreement. Submit the draft Final Report for review and comment. The CAM will provide written

comments to the Contractor. The Contractor shall review the comments and discuss any issues with the recommended changes with the CAM.

Prepare and submit the Final Report, incorporating CAM comments.

Deliverables: Draft Final Report Final Report

TASK 2 – Cash Flow Certificate PreparationThe goal of this task is to assist Energy Commission staff to analyze the flow of funds within the bond program. This review and analysis will principally be used for preparation of biannual cash-flow certificates.

The Contractor shall: Assist staff to prepare financial analysis and recommendations for:

o Bond program structure and flow of fundso Cash-flow strategieso Monitoring of investments, including advice for:

Compliance with cash-flow certificate preparation Future scenario risk analysis, etc.

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Provide ongoing advice and analysis on bond financial structure

Deliverable:• Cash Flow Certificate Analysis (annual August and February)

TASK 3 – Rebate Arbitrage Assistance The goal of this task is assist Energy Commission staff in tax analysis and rebate calculation interpretation.

The Contractor shall: Provide administrative assistance to coordinate with the various bond program

contractors and participants, including those parties within and outside the Energy Commission responsible for rebate tax liability analysis.

Deliverable:• Rebate Arbitrage Analysis (annual April-May)

TASK 4 – Annual Continuing Disclosure Report AnalysisThe goal of this task is to assist Energy Commission staff in analyzing current outstanding loans and program information in preparation for the Continuing Disclosure Report. This report is filed annually by the Energy Commission.

The Contractor shall: Provide financial analysis and recommendations regarding information pertinent to the

Continuing Disclosure Report, including:o Financial analysis of loans pledged to the repayment of the bonds. o Analysis and recommendations regarding any significant events that have

occurred over the preceding fiscal year and their impact to the tax exempt revenue bond program.

o Statistical information regarding principal and payment delinquencies or defaults during the preceding fiscal year

Deliverable:• Continuing Disclosure Report Analysis (annual March)

TASK 5 - Bond Administration and ManagementThe goal of this task is to provide Energy Commission staff with proper advice and recommendations for compliance with administrative requirements for administering the tax exempt revenue bond program. This advice may include training Commission staff on various aspects of bond program.

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The Contractor shall: Provide proper advice and recommendations to the Energy Commission, upon written

direction of the CAM, in managing the complexities of the tax exempt revenue bond program, including:

o Providing public comments and presentations when necessaryo Coordinating training and workshops for Energy Commission staffo Assist staff with documenting bond activities necessary for administration of bond

document requirements Provide advice and recommendation on compliance and implementation of bond

requirements for existing and new loans funded with bond proceeds. Assist CAM, upon request, to ensure all other compliance issues are met.

Deliverable:• Administrative Recommendations (upon written request of the CAM)• Document covenant interpretation (as requested by the CAM)• Loan compliance analysis (as requested by the CAM)

TASK 6 - Accounting Compliance and CoordinationThe goal of this task is to ensure bond program accounting compliance and coordination. Due to the frequent number of accounting transactions, expertise is required to keep current of General Accounting Standards Board (GASB) auditing regulations and interpret bond related tax laws, the California Energy Commission requires assistance to coordinate among Energy Commission staff and the auditing and rebate contractors. Assistance is needed to ensure compliance with all applicable bond related regulations and laws.. The Contractor shall:

Provide input to the program during annual accounting audits and as determined necessary by the CAM, including bond audit recommendations, follow-up procedures, coordination and tracking of accounts and subaccounts.

Assist the Energy Commission in meeting new GASB auditing requirements and other accounting requirements in the bond documents.

Deliverable:• Accounting and Audit Compliance Recommendations (as requested by CAM)

TASK 7 – Bond CloseoutThe goal of this task is to assist Energy Commission staff in closing out the Series 2005A Master Trust Revenue Bonds.

The Contractor shall: Provide advice and recommendations on compliance of bond closeout requirements Provide administrative assistance to coordinate with the various bond program

contractors and Energy Commission staff, including those parties within and outside the Energy Commission responsible for the closeout of the Series 2005A Master Trust Revenue Bonds.

Deliverable:• Bond Closeout Recommendations (as requested by CAM)

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III. Proposal Format, Required Documents, and Delivery

ABOUT THIS SECTIONThis section contains the format requirements and instructions on how to submit a proposal. The format is prescribed to assist the Bidder in meeting State bidding requirements and to enable the Commission to evaluate each proposal uniformly and fairly. Bidders must follow all Proposal format instructions, answer all questions, and supply all requested data.

REQUIRED FORMAT FOR A PROPOSALAll proposals submitted under this RFP must be typed or printed using a standard 11-point font, singled-spaced and a blank line between paragraphs. Pages must be numbered and sections titled and printed back-to-back. Spiral or comb binding is preferred and tabs are encouraged. Binders are discouraged.

NUMBER OF COPIESBidders must submit the original and 4 copies of the proposal.

Bidders must also submit electronic files of the proposal on CD-ROM or USB memory stick along with the paper submittal. Only one CD-ROM or USB memory stick is needed. Electronic files must be in Microsoft Word 2007 (.doc format) and Excel Office Suite formats. Completed Budget Forms, Attachment 7, must be in Excel format. Electronic files submitted via e-mail will not be accepted.

PACKAGING AND LABELINGThe original and copies of the proposal must be labeled "Request for Proposal-14-405," and include the title of the proposal and the appropriate section number.

Include the following label information and deliver your proposal, in a sealed package:

Person’s Name, Phone #Bidder’s NameStreet AddressCity, State, Zip CodeFAX #

RFP-14-405Contracts Office, MS-18

California Energy Commission1516 Ninth Street, 1st Floor

Sacramento, California 95814

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PREFERRED METHOD FOR DELIVERYA Bidder may deliver a proposal by:

U. S. Mail Personally Courier service

Proposals must be delivered no later than 3:00 p.m., to the Commission Contracts Office during normal business hours and prior to the date and time specified in this RFP. In accordance with Public Contract Code 10344, proposals received after the specified date and time are considered late and will not be accepted. There are no exceptions to this law. Postmark dates of mailing, E-mail and facsimile (FAX) transmissions are not acceptable in whole or in part, under any circumstances.

ORGANIZE YOUR PROPOSAL AS FOLLOWS

SECTION 1, Administrative Response

Cover LetterTable of ContentsCompleted Contractor Status Form Attachment 1Completed Darfur Contracting Act Form Attachment 2Completed Small Business Certification If applicableCompleted Disabled Veteran Business Enterprise form 843 Attachment 3Completed Bidder Declaration Form GSPD-05-105 Attachment 4Completed Contractor Certification Clauses Attachment 5

SECTION 2, Technical and Cost Proposal

Approach to Tasks in Scope of WorkOrganizational StructureRelevant Experience and Qualifications Client References Attachment 6Budget FormsBudget Form - Loaded Rates

Attachment 7 Attachment 7a

A. Approach to tasks in Scope of WorkDescribe the Bidder’s approach to providing services listed in the Scope of Work, highlighting any outstanding features, qualifications and experience.

1. Provide an accurate and brief methodology of Proposal.2. Identify experience performing similar work. Provide a brief summary of the flow of funds

and cash-flow strategies. Describe market timing, market demand and bond sizing.3. Describe the Bidder’s previous innovative means to completing similar work tasks.4. Provide a short description on bond structure. Describe the Bidder’s knowledge of

investment monitoring, rebate and tax analysis, audit requirements/procedures, and scenario analysis.

5. Identify the Bidder’s expertise in municipal financing structures. Describe the roles and relationships of parties involved in bond compliance issues: Issuer, rebate specialist, bond counsel, auditor. Provide a short description of bond issuance and closeout steps.

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6. Briefly describe the Bidder’s previous work in the area of document covenant interpretation.

B. Firm & Staff Qualifications/Experience & Organizational Structure

1. Document the project team’s qualifications as they apply to performing the tasks described in the Scope of Work. Describe recently completed work as it relates to this Scope of Work.

2. Identify the location of the Bidder’s and Subcontractor’s headquarters and satellite office(s) and proposed methods of minimizing costs to the State.

3. Describe Bidder’s professional awards and achievements.4. Identify the percentage of time each team member will be available throughout the

contract.5. Describe the team’s general financial experience. 6. Describe the team’s experience with bond issues similar to the Energy Commission’s

Master Trust Revenue Bonds, including State revenue bonds. Indicate the length of time the Team has performed financial advisory services for State issued revenue bonds.

7. Describe the organizational structure of the Bidder, including an organizational chart of the entire contract team. Describe the organization, composition, and functions to be performed by staff members of the Bidder and any subcontractors and how the staff pertains to this contract.

8. Provide a short description of each firm and key members on the team. Describe the relationship between the Contractor and subcontractors on your team. Identify and list all Bidder staff and subcontractors (all team members) who will be committed to the tasks and describe their roles.

9. Provide a current resume for all team members listed, including job classification and description, relevant experience, education, academic degrees and professional licenses.

C. Client References (Attachment 5)Each bidder shall complete Client Reference Forms. Two client references are required for the Bidder.

D. Budget Forms

Category Budget Attachment 7

Direct Labor Attachment 7

Fringe Benefits Attachment 7

Travel Attachment 7

Materials & Miscellaneous Attachment 7

Subcontractors Attachment 7

Indirect Costs and Profit Attachment 7

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The Bidder must submit information on all of the attached budget forms. All budget forms are required because they will be used for the agreement prepared with the winning Bidder(s). A separate set of complete budget forms, including the full set of worksheets is required for the Bidder and for each subcontract containing: 1) $100,000 or more of Energy Commission funds; or 2) 25% or more of the total Energy Commission funds requested.

Detailed instructions for completing these forms are included at the beginning of Attachment 7.

Rates and personnel shown must reflect rates and personnel you would charge if you were chosen as the Contractor for this RFP. The salaries, rates, and other costs entered on these forms become a part of the final agreement. The entire term of the agreement and projected rate increases must be considered when preparing the budget. The rates bid are considered capped and shall not change during the term of the contract. The Contractor shall only be reimbursed for their actual rates up to these rate caps. The hourly rates provided shall be unloaded (before fringe benefits, overheads, general & administrative (G&A) or profit).

All budget forms are required because they will be used for the contract prepared with the winning Bidder.

NOTE: The information provided in these forms, like the rest of proposals, will not be kept confidential after the posting of the Notice of Proposed Awards.

Loaded Hourly Rate Calculation (Attachment 7a)

This attachment will be used for the purposes of calculating the average hourly rate score under the Cost Criterion, located in the Evaluation Criteria Worksheet. The loaded hourly rate is defined as direct labor, fringe benefits, non-labor rates (overhead, general and administrative, etc., as applicable), and profit (if applicable).

1. Use one form for the Bidder (Prime Contractor) and one for each subcontractor. Insert your company or organization name at the top of the form.

2. For each staff person from this company or organization that will be directly billed to this Agreement: Provide the job classifications or title. Insert the unloaded hourly rates in the direct labor column. You must use the rates

provided for your company or organization when calculating the loaded hourly rates. Follow the instructions on the form Loaded Hourly Rate Calculation, in Attachment 7a.

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IV. Evaluation Process and Criteria

ABOUT THIS SECTIONThis section explains how the proposals will be evaluated. It describes the evaluation stages, preference points, and scoring of all proposals.

PROPOSAL EVALUATIONA Bidder’s proposal will be evaluated and scored based on their response to the information requested in this RFP. The entire evaluation process from receipt of proposals to posting of the Notice of Proposed Award is confidential.

To evaluate all Proposals, the Energy Commission will organize an Evaluation Committee. The Evaluation Committee may consist of Energy Commission staff or staff of other California state entities.

The Proposals will be evaluated in two stages:

Stage One: Administrative and Completeness ScreeningThe Contracts Office will review Proposals for compliance with administrative requirements and completeness. Proposals that fail Stage One shall be disqualified and eliminated from further evaluation.

Stage Two: Technical and Cost Evaluation of ProposalsProposals passing Stage One will be submitted to the Evaluation Committee to review and score based on the Evaluation Criteria in this solicitation.

During the evaluation and selection process, the Evaluation Committee may schedule a clarification interview with a Bidder that will either be held by telephone or in person at the Energy Commission for the purpose of clarification and verification of information provided in the proposal. However, these interviews may not be used to change or add to the contents of the original Proposal.

The total score for each Proposal will be the average of the combined scores of all Evaluation Committee members.

After scoring is completed, Proposals not attaining a score of 70 percent of the total possible points will be eliminated from further competition.

All applicable Preferences will be applied to all Proposals attaining a minimum of 70 percent of the total possible points. The agreement shall be awarded to the responsible Bidder meeting the requirements outlined above, who achieves the highest score after application of Preferences.

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SCORING SCALEUsing this Scoring Scale, the Evaluation Committee will give a score for each criterion described in the Evaluation Criteria Worksheet.

% of Possible Points

Interpretation Explanation for Percentage Points

0% Not ResponsiveResponse does not include or fails to address the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

10-30% Minimally Responsive

Response minimally addresses the requirements being scored. The omission(s), flaw(s), or defect(s) are significant and unacceptable.

40-60% Inadequate

Response addresses the requirements being scored, but there are one or more omissions, flaws, or defects or the requirements are addressed in such a limited way that it results in a low degree of confidence in the proposed solution.

70% AdequateResponse adequately addresses the requirements being scored. Any omission(s), flaw(s), or defect(s) are inconsequential and acceptable.

80% Good

Response fully addresses the requirements being scored with a good degree of confidence in the Bidder’s response or proposed solution. No identified omission(s), flaw(s), or defect(s). Any identified weaknesses are minimal, inconsequential, and acceptable.

90% Excellent

Response fully addresses the requirements being scored with a high degree of confidence in the Bidder’s response or proposed solution. Bidder offers one or more enhancing features, methods or approaches exceeding basic expectations.

100% Exceptional

All requirements are addressed with the highest degree of confidence in the Bidder’s response or proposed solution. The response exceeds the requirements in providing multiple enhancing features, a creative approach, or an exceptional solution.

NOTICE OF PROPOSED AWARDThe Commission will post a Notice of Proposed Award (NOPA) at the Commission’s headquarters in Sacramento, on the Commission’s Web Site, and will mail the NOPA to all parties that submitted a proposal.

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EVALUATION CRITERIA WORKSHEET

EVALUATION CRITERIA

A. Approach to Scope of Work Total PossibleScore

Overall response to the Scope of Work: Clarity, succinctness and organization of Proposal Innovative approaches to work tasks Demonstrated understanding of bond program structure, flow of funds, cash-flow

strategies, overall funding efficiency Demonstrated ability to provide programmatic advice, monitoring of investments,

future scenario risk assessment, and document covenant interpretation Demonstrated knowledge of rebate arbitrage and tax liability issues, document

covenant interpretation

30

Understanding of parties involved in bond compliance issues; auditor, rebate specialist, bond counsel, issuer

Demonstrated understanding of auditing requirements and ability to support Commission in resolving audit preparation procedures

Demonstrates thorough understanding of all aspects of bond issuance steps and parties involved including bond closeout requirements

Understanding of scenario analysis for bond sizing, market demand and market timing

Knowledge of municipal financing structures

B. Firm & Staff Qualifications/Experience & Organizational Structure Awards and achievements received Team knowledge of State revenue bond issue procedures Length of time Team has performed financial advisory services for State issued

revenue bonds Availability of Team members to work on the Energy Commission contract Qualifications of Team members performing the tasks described in the Scope of

Work Relevance of recently completed work as it relates to this Scope of Work Location of satellite offices and headquarters, and recommended approach to

minimize costs to the State Overall relevant financial experience of staff Experience with bond issues similar to the Energy Commission’s Master Trust

Revenue Bonds Technical knowledge to complete financial analysis

35

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C. Client References Strength of Reference and Credibility Relevance of references to Work Statement tasks Validation of experience and performance as reflected in

client reference questions

5

COST EFFECTIVENESS 1. Average Hourly Rate. The Score for this criteria will be derived from the

mathematical formula set forth below, which compares the cumulative average hourly rate of all hourly rates listed in the subject Bidder’s Cost Bid, with the cumulative average hourly rate of all hourly rates listed in the Lowest Bidder’s cost bid .

20

2. Justification. Bidder has justified all proposed personnel identified in its bid for all technical areas and functions to be performed by Prime and Team Members. 10

Total Possible Technical Points 70Total Possible Cost Points 30Maximum Points Available 100

Minimum Passing Score (70%) 70Disabled Veteran Business Enterprise Incentive

Small/Micro Business PreferenceNon-Small Business Preference

TACPA PreferenceBIDDER’S FINAL SCORE

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COST CRITERIA 1. Average Loaded Hourly Rate (Cost Points). The Score for this criteria will be derived from the mathematical cost formula set forth below, which compares the cumulative average loaded hourly rate of all loaded hourly rates listed in the subject Bidder’s Cost Bid, with the cumulative average loaded hourly rate of all loaded hourly rates listed in the Lowest Bidder’s cost bid .

20

2. Cost Justification. Bidder has justified all proposed personnel identified in its bid for all technical areas and functions to be performed by Prime and Team Members.

10

The method for evaluating the based on average loaded hourly rate is the formula below:

i. Cost Formula for calculation of average loaded hourly rate score (criterion 1 above) “Lowest Bidder” is defined as the Bidder with the lowest cumulative average loaded hourly rate for all prime contractor and all subcontractor personnel.

For example (using the following arbitrary hourly rates and fictional cost bids): Bidder 1

Prime Contractor Subcontractor A Subcontractor B

Project Manager: $100/hr Engineer I: $90/hr Engineer IV: $120/hr

Engineer II: $100/hr

Engineer III: $110/hr

Bidder 1’s cumulative average loaded hourly rate = 100 + 90 + 100 + 110 + 120 divided by 5 = $104

Bidder 2

Prime Contractor Subcontractor A Subcontractor B

Project Manager: $100/hr Engineer I: $100/hr Engineer IV: $130/hr

Engineer II: $110/hr

Engineer III: $120/hr

Bidder 2’s cumulative average loaded hourly rate = 100 + 100 + 110 + 120 + 130 divided by 5 = $112

Bidder 3

Prime Contractor Subcontractor A Subcontractor B

Project Manager: $110/hr Engineer I: $110/hr Engineer IV: $140/hr

Engineer II: $120/hr

Engineer III: $130/hr

Bidder 3’s cumulative average loaded hourly rate = 110 + 110 + 120 + 130 + 140 divided by 5 = $122

In the examples above, Bidder 1 would be the Lowest Bidder.

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ii. The Cost Formula for calculating the Points Awarded for criterion 1 above is as follows:

a. Calculate Cumulative Average Loaded Hourly RateFor each Bidder, we calculate the average rate, by adding all rates, and dividing by the number of rates:

Sum of all rates divided by Number of Rates Given = Average Loaded Hourly Rate for each Bidder: $__________

b. Create Percentage Then we compare rates of all the Bidders, by creating a percentage of the Bidder’s rate, compared to the lowest Bidder’s rate. The lowest Bidder will have the highest percentage of points:

(Lowest Bidder’s Cumulative Average Loaded Hourly Rate divided by Bidder’s Cumulative Average Loaded Hourly Rate) = Bidder’s Percentage of Points

c. Apply Possible PointsFinally, we multiply the Bidder’s Percentage of Points by the number of possible points:

Bidder’s Percentage of Points X Possible Points = Points Awarded

Following is an example of Cost Score Calculation, using the above examples:

Cumulative Average Hourly Rates: Bidder #1 = $104, Bidder #2 = $112, Bidder #3=$122

Bidder #1

104 divided by 104 = 100%

Bidder #2

104 divided by 112 = 93%

Bidder #3

104 divided by 122 = 85%

Possible Points

Percentage of Points

Points Awarded

Possible Points

Percentage of Points

Points Awarded

Possible Points

Percentage of Points

Points Awarded

20 100% 20 20 93% 18.6 20 85% 17

iii. Cost Justification In relation to Cost Criteria 2 above, the bidder shall explain and justify all proposed personnel identified in the Proposal for all technical areas and functions to be performed by the Prime and each of the Subcontractors.

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V. Business Participation Programs (Preferences/Incentives)

A Bidder may qualify for preferences/incentives as described below. Each Bidder passing Stage One screening will receive the applicable preference/incentive. This section describes the following business participation programs: Disabled Veteran Business Enterprise Compliance Requirements

Small Business / Microbusiness Preference

Non-Small Business Preference

Target Area Contract Act Preference

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) COMPLIANCE REQUIREMENTSDVBE Participation RequiredThis RFP is subject to a mandatory certified DVBE participation of at least three percent (3%).

Two Methods to Meet DVBE Participation Requirement If Bidder is a DVBE, then Bidder has satisfied the participation requirements if it commits to

performing at least 3% of the contract with the Bidder’s firm, or in combination with other DVBE(s).

If Bidder is not a DVBE, Bidder can satisfy the requirement by committing to use certified DVBE subcontractors for at least 3% of the contract.

Required FormsBidders must complete Attachments 1, 3 and 4 to document DVBE participation. If Bidder does not include these forms, the Bid is considered non-responsive and shall be rejected. Contractor Status Form (Attachment 1).

Under the paragraph entitled: “Disabled Veteran Business Enterprise Participation Acknowledgement”, make sure to check the “yes” “DVBE Participation” box.

DVBE Declarations Std. Form 843 (Attachment 3)

Bidder Declaration Form GSPD-05-105 (Attachment 4)

DVBE Definition For DVBE certification purposes, a "disabled veteran" is:

A veteran of the U.S. military, naval, or air service; The veteran must have a service-connected disability of at least 10% or more; and The veteran must be domiciled in California.

DVBE Certification and Eligibility To be certified as a DVBE, your firm must meet the following requirements:

o Your business must be at least 51% owned by one or more disabled veterans; o Your daily business operations must be managed and controlled by one or more

disabled veterans o The disabled veterans who exercise management and control are not required to be

the same disabled veterans as the owners of the business; and

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o Your home office must be located in the U.S. (the home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign based business).

DVBE limited liability companies must be wholly owned by one or more disabled veterans. Each DVBE firm listed on the DVBE Declarations Std. form 843 (Attachment 3) and on the

Bidder Declaration form GSPD-05-105 (Attachment 4) must be formally certified as a DVBE by the Office of Small Business and DVBE Services (OSDS). The DVBE program is not a self-certification program. Bidder must have submitted application to OSDS for DVBE certification by the Bid due date to be counted in meeting participation requirements.

Printing / Copying Services Not EligibleDVBE subcontractors cannot provide printing/copying services.  For more information, see section VI Administration, which states that printing services are not allowed in proposals.

To Find Certified DVBEsAccess the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at http://www.bidsync.com/DPXBisCASB. Search by “Keywords” or “United Nations Standard Products and Services Codes” (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: http://www.bidsync.com/DPX?ac=powersearch&srchoid_override=307818. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: OSDCHelp@dgs.ca.gov.

Commercially Useful FunctionDVBEs must perform a commercially useful function relevant to this solicitation, in order to satisfy the DVBE program requirements. California Code of Regulations, Title 2, Section 1896.62(l) provides:Commercially Useful Function (CUF) means a DVBE contractor or subcontractor that contributes to the fulfillment of contract requirements as determined by awarding departments in § 1896.71, and does all of, but is not limited to, the following:(1) Is responsible for the execution of a distinct element of work for the contract; (2) Carries out contractual obligations by actually performing, managing, or supervising the work involved; (3) Performs work that is normal for its business services and functions; (4) Is not further subcontracting a portion of the work that is greater than expected to be subcontracted by normal industry practices; (5) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and, (6) Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

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Information VerifiedInformation submitted by the Bidder to comply with this solicitation’s DVBE requirements will be verified. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of PCC Section 10115, et seq., and Military & Veterans Code Section 999 et seq., and follow the investigatory procedures required by California Code of Regulations Title 2, Section 1896.90 et. seq. Contractors found to be in violation of certain provisions may be subject to loss of certification, sanctions and/or contract termination.

DVBE ReportUpon completion of the contract for which a commitment to achieve DVBE participation was made, the contractor that entered into a subcontract with a DVBE must certify in a report to the Energy Commission: 1) the total amount the prime contractor received under the contract; 2) the name and address of the DVBE(s) that participated in the performance of the contract; 3) the amount each DVBE received from the prime contractor; 4) that all payments under the contract have been made to the DVBE(s); and 5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Military & Veterans Code Section 999.5(d).

The Office of Small Business and DVBE Services (OSDS)OSDS offers program information and may be reached at:Department of General ServicesOffice of Small Business and DVBE Services707 3rd Street, 1st Floor, Room 400West Sacramento, CA 95605http://www.dgs.ca.gov/pd/Programs/OSDS.aspxPhone: (916) 375-4940 Fax: (916) 375-4950E-mail: OSDSHelp@dgs.ca.gov

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DVBE Law Public Contract Code Section 10115 et seq.

Military & Veterans Code Section 999 et. seq.

California Code of Regulations Title 2, Section 1896.60 et. seq.

DVBE INCENTIVE

The information below explains how the incentive is applied and how much of an incentive will be given.

Incentive ApplicationAward Based on High Point: The Incentive is applied by adding the incentive points to the Proposal for Bidders that include more than the minimum required 3.00% DVBE participation. In other words, if a Bidder includes 3.01% DVBE participation or greater, it will receive the DVBE incentive. If you include 3% DVBE participation, you will not receive the incentive. You will only receive the incentive, if you include 3.01% or greater DVBE participation. Incentive points cannot be used to achieve any applicable minimum point requirements. The DVBE incentive is only applied during the Proposal evaluation process and only to responsive Proposals from responsible Bidders.

Incentive amount For awards based on high point, the incentive will vary in conjunction with the percentage of DVBE participation. The DVBE Incentive Program may be used in conjunction with the Small Business preference which gives a 5% preference to small business Bidders or 5% to non-small business Bidders committed to subcontracting 25% of the overall Bid with small businesses.Proposed DVBE Participation Level DVBE Incentive % Point

Preference*DVBE Incentive Points

3.01% - 3.99% 1% 1

4.00% - 4.99% 2% 2

5.00% - 5.99% 3% 3

6.00% - 6.99% 4% 4

7.00% or over 5% 5

*The percentage is based on the total possible available points not including preference points for small/micro business, non-small business or TACPA.

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SMALL BUSINESS / MICROBUSINESS / NON-SMALL BUSINESSSmall / MicrobusinessBidders who qualify as a State of California certified small business will receive five percent (5%) preference points based on the highest responsible bidder's total score, if the highest scored proposal is submitted by a business other than a certified small business. Bidders qualifying for this preference must submit a copy of their Small Business Certification and document their status in Attachment 1, Contractor Status Form.

Non-Small BusinessThe preference to a non-small business bidder that commits to small business or micro-business subcontractor participation of twenty-five percent (25%) of its net bid price shall be five percent (5%) of the highest responsive, responsible bidder’s total score (RFP secondary). A non-small business, which qualifies for this preference, may not take an award away from a certified small business. Bidders qualifying for this preference must document the small business status of all subcontractors on Attachment 3.4 and submit all applicable Small Business Certifications.

TARGET AREA CONTRACT PREFERENCE ACT (TACPA)The following preference will be granted for this solicitation. Bidders wishing to take advantage of this preference will need to review the website stated below and submit the appropriate response with their Bid.

The Target Area Contract Preference Act (Government Code Section 4530 et seq.) provides five percent (5%) preference points to California-based companies that perform state contract work in a distressed area. Bidders should review the information located at http://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf to determine if they qualify for this preference.

The TACPA preference only apply to California based firms that demonstrate and certify under penalty of perjury that at least 50% of the total labor hours for manufactured goods or 90% of the total labor hours for services will be performed in distressed areas. The maximum preference that can be given for any bid may not exceed 9% up to $50,000.00.

Bidders wishing to take advantage of this preference are required to submit the following applications/forms available on the above website with their Bid:

TACPA (Std. 830)

Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526)

If you have further questions or need additional information on this matter, please contact TACPA Preference Program Group at (916) 375-4609.

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VI. Administration

RFP DEFINEDThe competitive method used for this procurement of services is a Request for Proposal (RFP). A Proposal submitted in response to this RFP will be scored and ranked based on the Evaluation Criteria. Every Proposal must establish in writing the Bidder’s ability to perform the RFP tasks.

COST OF DEVELOPING PROPOSALThe Bidder is responsible for the cost of developing a proposal, and this cost cannot be charged to the State.

PRINTING SERVICESPer Management Memo 07-06, State Agencies must procure printing services through the Office of State Publishing (OSP). Bidders shall not include printing services in their proposals.

CONFIDENTIAL INFORMATIONThe Commission will not accept or retain any Proposals that have any portion marked confidential.

DARFUR CONTRACTING ACT OF 2008Effective January 1, 2009, all solicitations must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on Attachment 2)

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on Attachment 2)

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RFP CANCELLATION AND AMENDMENTSIf it is in the State’s best interest, the Energy Commission reserves the right to do any of the following:

Cancel this RFP;

Amend this RFP as needed; or

Reject any or all Proposals received in response to this RFP

If the RFP is amended, the Energy Commission will send an addendum to all parties who requested the RFP and will also post it on the Energy Commission’s Web Site www.energy.ca.gov/contracts and Department of General Services’ Web Site http://www.bidsync.com/DPX?ac=powersearch&srchoid_override=307818.

ERRORSIf a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the Bidder shall immediately notify the Commission of such error in writing and request modification or clarification of the document. Modifications or clarifications will be given by written notice of all parties who requested the RFP, without divulging the source of the request for clarification. The Commission shall not be responsible for failure to correct errors.

MODIFYING OR WITHDRAWAL OF PROPOSALA Bidder may, by letter to the Contact Person at the Energy Commission, withdraw or modify a submitted Proposal before the deadline to submit proposals. Proposals cannot be changed after that date and time. A Proposal cannot be “timed” to expire on a specific date. For example, a statement such as the following is non-responsive to the RFP: “This proposal and the cost estimate are valid for 60 days.”

IMMATERIAL DEFECTThe Energy Commission may waive any immaterial defect or deviation contained in a Bidder’s proposal. The Energy Commission’s waiver shall in no way modify the proposal or excuse the successful Bidder from full compliance.

DISPOSITION OF BIDDER’S DOCUMENTSOn the Notice of Proposed Award posting date all proposals and related material submitted in response to this RFP become a part of the property of the State and public record. Bidders who want any work examples they submitted with their proposals returned to them shall make this request and provide either sufficient postage, or a Courier Charge Code to fund the cost of returning the examples.

BIDDERS’ ADMONISHMENTThis RFP contains the instructions governing the requirements for a firm quotation to be submitted by interested Bidders, the format in which the technical information is to be submitted, the material to be included, the requirements which must be met to be eligible for consideration, and Bidder responsibilities. Bidders must take the responsibility to carefully read the entire RFP, ask appropriate questions in a timely manner, submit all required responses in a complete manner by the required date and time, make sure that all procedures and requirements of the RFP are followed and appropriately addressed, and carefully reread the entire RFP before submitting a proposal.

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GROUNDS TO REJECT A PROPOSALA Proposal shall be rejected if:

It is received after the exact time and date set for receipt of Proposal’s pursuant to Public Contract Code, Section 10344.

It is considered non-responsive to the California Disabled Veteran Business Enterprise participation requirements.

It is lacking a properly executed Certification Clauses.

It is lacking a properly executed Darfur Contracting Act Form.

It is lacking a properly executed Iran Contracting Act Form.

It contains false or intentionally misleading statements or references which do not support an attribute or condition contended by the Bidder.

The Proposal is intended to erroneously and fallaciously mislead the State in its evaluation of the Proposal and the attribute, condition, or capability is a requirement of this RFP.

There is a conflict of interest as contained in Public Contract Code Sections 10410-10412 and/or 10365.5.

It contains confidential information, or it contains any portion marked confidential.

The Bidder does not agree to the terms and conditions as attached to the solicitation either by not signing the Contractor Status Form or by stating anywhere in the bid that acceptance is based on modifications to those terms and conditions or separate terms and conditions.

A Proposal may be rejected if: It is not prepared in the mandatory format described.

It is unsigned.

The firm or individual has submitted multiple proposals for each task.

It does not literally comply or contains caveats that conflict with the RFP and the variation or deviation is not material, or it is otherwise non-responsive.

The bidder has previously completed a PIER agreement, received the PIER Royalty Review letter, which the Commission annually sends out to remind past recipients of their obligations to pay royalties, and has not responded to the letter or is otherwise not in compliance with repaying royalties.

The budget forms are not filled out completely.

PROTEST PROCEDURESA Bidder may file a protest against the proposed awarding of a contract. Once a protest has been filed, contracts will not be awarded until either the protest is withdrawn, or the Commission cancels the RFP, or the Department of General Services decides the matter.

Please note the following:

Protests are limited to the grounds contained in the California Public Contract Code Section 10345.

During the five working days that the Notice of Proposed Award (NOPA) is posted, protests must be filed with the DGS Legal Office and the Commission Contracts Office.

June 2015 Page 30 of 31 RFP-14-405

Within five calendar days after filing the protest, the protesting Bidder must file with the DGS and the Commission Contracts Office a full and complete written statement specifying the grounds for the protest.

If the protest is not withdrawn or the solicitation is not canceled, DGS will decide the matter. There may be a formal hearing conducted by a DGS hearing officer or there may be briefs prepared by the Bidder and the Commission for the DGS hearing officer consideration.

AGREEMENT REQUIREMENTSThe content of this RFP shall be incorporated by reference into the final contract. See the sample Agreement terms and conditions included in this RFP.

No Contract Until Signed & ApprovedNo agreement between the Commission and the successful Bidder is in effect until the contract is signed by the Contractor, and approved by the Department of General Services, if required.

Contract AmendmentThe contract executed as a result of this RFP will be able to be amended by mutual consent of the Commission and the Contractor. The contract may require amendment as a result of project review, changes and additions, changes in project scope, or availability of funding.

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